TAXES CONSOLIDATION ACT, 1997

• (ii) as respects the other investment, the condition specified in section 723(3) (b), 737(3) (a) (ii) or 838(2) (b) relevant to that investment would be satisfied if “£25,000” were substituted for “£50,000” in those conditions.

• (b) A couple married to each other, neither of whom has an interest, that is not a joint interest, in an investment of a class mentioned in subsection (1), may have a joint beneficial interest—

• (i) in 2 or 3 such investments, so long as those investments include a special savings account and an investment of a class mentioned in paragraph (b), (c) or (d) of that subsection, or

• (ii) in 4 such investments, being 2 special savings accounts and 2 other investments of a class (which need not be the same class for the 2 investments) mentioned in paragraph (b), (c) or (d) of that subsection, during a period throughout which—

• (I) as respects the special savings accounts, the condition specified in section 264(1) (i) would be satisfied if “£25,000” were substituted for “£50,000” in that condition, or

• (II) as respects the other investments, the condition specified in section 723(3) (b), 737(3) (a) (ii) or 838(2) (b) relevant to each of those investments would be satisfied if “£25,000” were substituted for “£50,000” in those conditions.

• (3) So long as an individual, whether married or not, does not have a beneficial interest in an investment of a class mentioned in subsection (1) other than—

• (a) a beneficial interest, whether or not a joint interest, in one investment, or

• (b) a joint beneficial interest in 2 investments, of a class (which need not be the same class where there are 2 investments) mentioned in paragraph (b), (c) or (d) of subsection (1), then, sections 723, 737 and 838 shall apply to that one investment or those 2 investments, as the case may be, as if every reference to £50,000 in those sections were a reference to £75,000.

• (4) Where an individual may hold a beneficial interest, whether jointly or otherwise, in an investment of a class mentioned in subsection (1) only for as long as a condition specified in the Tax Acts in respect of the investment would be satisfied if a reference to £25,000 were substituted for a reference to £50,000 in the condition so specified, then, any provision of those Acts which apart from this subsection would have the effect at any time of restricting that investment to an investment the value of which does not exceed £50,000 shall apply to that investment as if the reference to £50,000 in the provision were a reference to £25,000.

• (5) Any declaration referred to in—

• (a) paragraph (b) of the definition of “special savings account” in section 256(1),

• (b) paragraph (b) of the definition of “special investment policy” in section 723(1), or

• (c) paragraph (b) of the definition of “special investment units” in section 737(1),

shall contain—

• (i) such information in relation to the beneficial interest, which at the time the declaration is made the individual making the declaration holds, whether jointly or otherwise, in investments of a class mentioned in subsection (1), and

• (ii) such undertakings, to the person to whom the declaration is made, to supply at any later time information in relation to such interests of that individual at that later time,

as the Revenue Commissioners may reasonably require for the purposes of this section.

840 Business entertainment. [FA 82 s20(1) to (6) and (8)]

840.—(1) In this section—

“business entertainment” means entertainment (including the provision of accommodation, food and drink or any other form of hospitality in any circumstances whatever) provided directly or indirectly by—

• (a) any person (in this definition referred to as “the first-mentioned person”),

• (b) any person who is a member of the first-mentioned person's staff, or

• (c) any person providing or performing any service for the first-mentioned person, the entertainment being entertainment that is provided in the course of, or is incidental to, the provision or performance of the service,

in connection with a trade carried on by the first-mentioned person, but does not include anything provided by that person for bona fide members of that person's staff unless its provision for them is incidental to its provision also for others;

a reference to expenses incurred in, or to the use of an asset for, providing entertainment includes a reference to expenses incurred in, or to the use of an asset for, providing anything incidental thereto;

a reference to a trade includes a reference to a business, profession or employment;

a reference to the members of a person's staff is a reference to persons employed by the person, directors of a company or persons engaged in the management of the company being for this purpose deemed to be persons employed by the company.

• (2) In respect of any expenses incurred in providing business entertainment, no sum shall be—

• (a) deducted in computing the amount of profits or gains chargeable to tax under Schedule D,

• (b) included in computing any expenses of management in respect of which a deduction may be claimed under section 83 or 707, or

• (c) allowed under section 114.

• (3)
• (a) In this subsection, “the specified provisions” means the provisions of Part 9 relating to machinery or plant.

• (b) Where any asset is used or is provided for use wholly or partly for the purpose of providing business entertainment, no allowance under any of the specified provisions shall be made for any year of assessment or for any accounting period of a company in respect of the use of the asset or the expenditure incurred in the provision of the asset to the extent that it is used or is to be used for that business entertainment.

• (4) The expenses to which subsection (2) applies include in the case of any person any sum paid by that person to, on behalf of or placed by that person at the disposal of a member of that person's staff for the purpose of defraying expenses incurred or to be incurred by the member of the staff in providing business entertainment.

• (5) This section shall apply in relation to the provision of a gift as it applies in relation to the provision of entertainment.

• (6)
• (a) Where by reason of the provision or performance of a service an amount is paid or payable to a person referred to in paragraph (c) of the definition of “business entertainment”, so much of the amount as is equal to the cost of any business entertainment that is provided in the course of, or is incidental to the provision or performance of, the service shall be deemed to be incurred in providing business entertainment.

• (b) The cost of any business entertainment shall be determined by the inspector according to the best of his or her knowledge and judgment.

• (c) A determination made under paragraph (b) may be amended by the Appeal Commissioners or by the Circuit Court on the hearing or the rehearing of an appeal against any deduction (including a case where no deduction is granted) granted on the basis of the determination.

841 Voluntary Health Insurance Board: restriction of certain losses and deemed disposal of certain assets. [FA97 s61(1), (3) and (4)]

841.—(1) In this section—

“the Board” means the Voluntary Health Insurance Board;

“market value” shall be construed in accordance with section 548.

• (2) Section 396 shall not apply to a loss incurred by the Board in an accounting period ending before the 1st day of March, 1997.

• (3) Notwithstanding any other provision of the Tax Acts, bonds and shares held by the Board on the 28th day of February, 1997, in the course of the business of carrying out schemes of voluntary health insurance shall be deemed to have been disposed of and immediately reacquired by the Board on that date at the assets' market value on that date.

842 Replacement of harbour authorities by port companies. [FA97 s48]

842.—(1) In this section, “relevant port company” has the same meaning as in paragraph 1 of Schedule 26.

• (2) Schedule 26 shall apply where assets are vested in, or transferred to, a relevant port company pursuant to the Harbours Act, 1996.

• (3) This section and Schedule 26 shall apply from the 1st day of March, 1997.

843 Capital allowances for buildings used for third level educational purposes. [FA97 s25]

843.—(1) In this section—

“approved institution” means an institution in the State in receipt of public funding which provides courses to which a scheme approved by the Minister for Education and Science under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, applies;

“qualifying expenditure” means capital expenditure incurred on—

• (a) the construction of a qualifying premises, or

• (b) the provision of machinery or plant,

which, following receipt of the advice of An tÚdarás, is approved for that purpose by the Minister for Education and Science with the consent of the Minister for Finance;

“qualifying premises” means a building or structure which—

• (a) apart from this section is not an industrial building or structure within the meaning of section 268, and

• (b) (i) is in use for the purposes of third level education provided by an approved institution,

• (ii) is let to an approved institution on bona fide commercial terms for such consideration as might be expected to be paid in a letting of the building or structure which was negotiated on an arm's length basis, but does not include any part of a building or structure in use as or as part of a dwelling-house;

“An tÚdarás” means the Body established by section 2 of the Higher Education Authority Act, 1971.

• (2) Subject to subsections (3) to (7), the provisions of the Tax Acts (other than section 317(2)) relating to the making of allowances or charges in respect of capital expenditure incurred on the construction of an industrial building or structure shall, notwithstanding anything to the contrary in those provisions, apply in relation to qualifying expenditure on a qualifying premises—

• (a) as if the qualifying premises were, at all times at which it is a qualifying premises, a building or structure in respect of which an allowance is to be made for the purposes of income tax or corporation tax, as the case may be, under Part 9 by reason of its use for a purpose specified in section 268(1) (a), and

• (b) where any activity carried on in the qualifying premises is not a trade, as if it were a trade.

• (3) In relation to qualifying expenditure on a qualifying premises section 272 shall apply as if—

• (a) in subsection (3) (a) (ii) of that section the reference to 4 per cent were a reference to 15 per cent, and

• (b) in subsection (4) (a) (ii) of that section the reference to 25 years were a reference to 7 years.

• (4) No allowance shall be made under subsection (2) unless, before the commencement of construction of a qualifying premises, the Minister for Finance certifies that—

• (a) an approved institution has procured or otherwise secured a sum of money, none of which has been met directly or indirectly by the State, which sum is not less than 50 per cent of the qualifying expenditure to be incurred on the qualifying premises, and

• (b) such sum is to be used solely by the approved institution for the following purposes—

• (i) paying interest on money borrowed for the purpose of funding the construction of the qualifying premises,

• (ii) paying any rent on the qualifying premises during such times as the qualifying premises is the subject of a letting on such terms as are referred to in paragraph (b) (ii) of the definition of “qualifying premises”, and

• (iii) purchasing the qualifying premises following the termination of the letting referred to in subparagraph (ii).

• (5) Notwithstanding section 274(1), no balancing charge shall be made in relation to a qualifying premises by reason of any of the events specified in that section which occurs more than 7 years after the qualifying premises was first used.

• (6) This section shall come into operation on the 1st day of July, 1997.

• (7) The Minister for Finance may not give a certificate under subsection (4) at any time later than the 1st day of July, 2000.

844 Companies carrying on mutual business or not carrying on a business. [CTA76 s29]

844.—(1) Subject to subsection (2), where a company carries on any business of mutual trading or mutual insurance or other mutual business, the provisions of the Corporation Tax Acts and of Schedule F relating to distributions shall apply to distributions made by the company, notwithstanding that they are made to persons participating in the mutual activities of that business and derive from those activities, but shall so apply only to the extent to which the distributions are made out of profits of the company which are brought into charge to corporation tax or out of franked investment income.

• (2) In the case of a company carrying on any mutual life assurance business, the provisions of the Corporation Tax Acts and of Schedule F relating to distributions shall not apply to distributions made to persons participating in the mutual activities of that business and derived from those activities; but, if the business includes annuity business, the annuities payable in the course of that business shall not be treated as charges on the income of the company to any greater extent than if that business were not mutual but were being carried on by the company with a view to the realisation of profits for the company.

• (3) Subject to subsections (1) and (2), the fact that a distribution made by a company carrying on any such business is derived from the mutual activities of that business and the recipient is a person participating in those activities shall not affect the character which the payment or other receipt has for the purposes of corporation tax or income tax in the hands of the recipient.

• (4) Where a company does not carry on and never has carried on a trade or a business of holding investments, and is not established for purposes which include the carrying on of a trade or of such a business, the provisions of the Corporation Tax Acts and of Schedule F relating to distributions shall apply to distributions made by the company only to the extent to which the distributions are made out of profits of the company which are brought into charge to corporation tax or out of franked investment income.

845 Corporation tax: treatment of tax-free income of non-resident banks, insurance businesses, etc. [CTA76 s51(1), (2), (3) (a), (4), (5) and (6)]

845.—(1) In this section, “insurance business” includes assurance business within the meaning of section 3 of the Insurance Act, 1936.

• (2) In this section and in section 846, “tax-free securities” means securities to which section 43, 49 or 50 applies and which were issued with a condition regulating the treatment of the interest on the securities for tax purposes such that the interest on the securities is excluded in computing income or profits.

• (3)
• (a) In this subsection, “securities” includes stocks and shares.

• (b) Where a banking business, an insurance business or a business consisting wholly or partly in dealing in securities is carried on in the State by a person not resident in the State, then—

• (i) in computing for the purposes of the Tax Acts the profits arising from, or loss sustained in, the business, and

• (ii) in the case of an insurance business, also in computing the profits or loss from pension business and general annuity business under section 715,

section 76 shall not prevent the inclusion of interest, dividends and other payments to which section 35 or 63 extends notwithstanding the exemption from tax conferred by those sections respectively.

• (4) Where—

• (a) any business referred to in subsection (3) (b) is carried on in the State by a person not ordinarily resident in the State, and

• (b) in making any computation referred to in that subsection with respect to that business, interest on tax-free securities is excluded by virtue of a condition of the issue of such securities,

any expenses attributable to the acquisition or holding of, or to any transaction in, the securities (but not including in those expenses any interest on borrowed money), and any profits or losses so attributable, shall also be excluded in making that computation.

• (5) In the case of an overseas life assurance company (within the meaning of section 706), in computing for the purposes of section 726 the income from the investments of the life assurance fund of the company, any interest, dividends and other payments to which section 35 or 63 extends shall be included notwithstanding the exemption from tax conferred by those sections respectively.

846 Tax-free securities: exclusion of interest on borrowed money. [CTA76 s52(1) to (4) and (6)]

846.—(1) This section shall apply where section 845(4) applies to a business for any accounting period.

• (2) Up to the amount determined under this section (in this section referred to as “the amount ineligible for relief”), interest becoming due for payment on money borrowed for the purposes of the business—

• (a) shall be excluded in any computation under the Tax Acts of the profits or loss arising from the business, and

• (b) shall be excluded from the definition of “charges on income” in section 243.

• (3) In determining the amount ineligible for relief, account shall be taken of all money borrowed for the purposes of the business outstanding in the accounting period up to the total cost of the tax-free securities held for the purposes of the business in that period; but account shall not be taken of any borrowed money carrying interest which apart from subsection (2) would not be included in the computation under paragraph (a) of that subsection and would not be treated as a charge on income for the purposes of the Corporation Tax Acts.

• (4) The amount ineligible for relief shall be equal to a year's interest on the amount of money borrowed which is to be taken into account under subsection (3) at a rate equal to the average rate of interest in the accounting period on money borrowed for the purposes of the business, except that in the case of an accounting period of less than 12 months interest shall be taken for that shorter period instead of for a year.

• (5) For the purposes of this section, the cost of a holding of tax-free securities which has fluctuated in the accounting period shall be the average cost of acquisition of the initial holding, and of any subsequent acquisitions in the accounting period, applied to the average amount of the holding in the accounting period, and this subsection shall be applied separately to securities of different classes.

847 Tax relief for certain branch profits. [FA95 s29]

847.—(1) (a) In this section—

“investment plan” means a plan of a company resident in the State—

• (i) which involves the investment by the company or by a company associated with it of substantial permanent capital in the State for the purposes of the creation before a date specified in the plan of substantial new employment in the State in trading operations carried on or to be carried on in the State by the company or the company associated with it, and

• (ii) which has been submitted before the commencement of its implementation to the Minister by the company for the purpose of enabling it to obtain relief under this section;

“the Minister” means the Minister for Finance;

“qualified company” means a company to which the Minister, following consultation with the Minister for Enterprise and Employment, has given a certificate, which certificate has not been revoked, under subsection (2);

“qualified foreign trading activities” means trading activities carried on by a qualified company through a branch or agency outside the State in a territory specified in the certificate given under subsection (2) to the company by the Minister following consultation with the Minister for Enterprise' Trade and Employment.

• (b) For the purposes of this section—

• (i) a company shall be associated with another company where one of the companies is a 75 per cent subsidiary of the other company or both companies are 75 per cent subsidiaries of a third company; but, in determining whether one company is a 75 per cent subsidiary of another company, the other company shall be treated as not being the owner of—

• (I) any share capital which it owns directly in a company if a profit on the sale of the shares would be treated as a trading receipt of its trade, or

• (II) any share capital which it owns indirectly and which is owned directly by a company for which a profit on the sale of the shares would be a trading receipt,

• (ii) sections 412 to 418 shall apply for the purposes of this paragraph as they would apply for the purposes of Chapter 5 of Part 12 if section 411(1) (c) were deleted,

• (iii) where a trade carried on by a qualified company consists partly of qualified foreign trading activities and partly of other trading activities, the company shall be treated as if it were carrying on distinct trades consisting of such qualified foreign trading activities and of such other trading activities,

• (iv) there shall be attributed to each trade carried on, or treated under subparagraph (iii) as carried on, such profits or gains or losses as might have been expected to be made if each trade had been carried on under the same or similar conditions by a person independent of, and dealing at arm's length with, the person carrying on the other trade, and

• (v) there shall be made all necessary apportionments as are just and reasonable for the purposes of computing—

• (I) profits or gains or losses arising from, and

• (II) the amount of any charges on income, expenses of management or other amount which can be deducted from or set off against or treated as reducing profits of more than one description as is incurred for the purposes of,

a trade carried on, or treated under subparagraph (iii) as carried on, by a qualified company.

• (2) Where a plan has been duly submitted by a company resident in the State and the Minister, following consultation with the Minister for Enterprise, Trade and Employment, is satisfied that—

• (a) the plan is an investment plan,

• (b) the company, or a company associated with it, will, before a date specified in the plan and approved by the Minister, make the substantial permanent capital investment in the State under the investment plan for the purposes of the creation of the substantial new employment in the State,

• (c) the creation of substantial new employment in the State under the investment plan will be achieved, and

• (d) the maintenance of the employment so created in trading operations in the State will be dependent on the carrying on by the company of qualified foreign trading activities,

then, the Minister may give a certificate certifying that the company is a qualified company with effect from a date specified in the certificate.

• (3)
• (a) The Minister shall draw up guidelines for determining whether for the purposes of subsection (2) a company and companies associated with it will create substantial new employment and will make a substantial permanent capital investment in the State.

• (b) Without prejudice to the generality of paragraph (a), guidelines under that paragraph may—

• (i) include a requirement for specified levels of—

• (I) employment in the State, and

• (II) permanent capital investment in the State,

and

• (ii) specify such criteria for the purposes of this subsection as the Minister considers appropriate.

• (4) A certificate issued under subsection (2) may be given subject to such conditions as the Minister, following consultation with the Minister for Enterprise, Trade and Employment, considers proper and specifies in the certificate.

• (5) Where in the case of a company in relation to which a certificate under subsection (2) has been given the Minister, following consultation with the Minister for Enterprise, Trade and Employment, forms the opinion that such certificate ought to be revoked because any condition subject to which the certificate was given has not been complied with, the Minister may by notice in writing served by registered post on the company revoke the certificate with effect from such date as may be specified in the notice.

• (6) Notwithstanding any other provision of the Corporation Tax Acts—

• (a) profits or gains or losses arising from the carrying on of qualified foreign trading activities shall be disregarded for the purposes of those Acts, and

• (b) no amount of any charges on income, expenses of management or other amount which apart from this paragraph may be deducted from or set off against or treated as reducing profits of more than one description, shall be so deducted, set off or treated, as is incurred for the purposes of a trade carried on, or treated under subsection (1) (b) (iii) as carried on, by a qualified company which consists of qualified foreign trading activities.

• (7) A gain shall not be a chargeable gain for the purposes of the Capital Gains Tax Acts if it accrues to a qualified company on the disposal of an asset, other than an asset specified in paragraphs (a) to (d) of section 980(2), used wholly and exclusively for the purposes of a trade carried on, or treated under subsection (1) (b) (iii) as carried on, by a qualified company which consists of qualified foreign trading activities.

• (8) An inspector may by notice in writing require a qualified company to furnish him or her with such information or particulars as may be necessary for the purposes of giving relief under this section.

848 Designated charities: repayment of tax in respect of donations. [FA95 s8(1) (a) and (c) and (2) to (7)]

848.—(1) (a) In this section—

“appropriate certificate”, in relation to a donation to a designated charity, means a certificate which is in such form as the Revenue Commissioners may prescribe and which contains—

• (i) statements to the effect that—

• (I) the donation satisfies the requirements of subsection (6), and

• (II) the donor has paid or will pay to the Revenue Commissioners income tax of an amount equal to income tax at the standard rate for the relevant year of assessment on the grossed up amount of the donation, but not being—

• (A) income tax which the donor is entitled to charge against any other person or to deduct, retain or satisfy out of any payment which the donor is liable to make to any other person, or

• (B) appropriate tax within the meaning of Chapter 4 of Part 8,

and

• (ii) the identifying number, known as the Revenue and Social Insurance (RSI) Number, of the donor;

“designated charity” means any body or institution in the State which, following application by it to the Minister in such form and containing such information as the Minister may require, is designated for the purposes of this section by the Minister with the consent of the Minister for Finance;

“the Minister” means the Minister for Foreign Affairs;

“qualifying donation” shall be construed in accordance with subsection (5);

“relevant year of assessment”, in relation to a qualifying donation, means the year of assessment in which the qualifying donation is made.

• (b) For the purposes of this section, references, in relation to a donation, to the grossed up amount are to the amount which after deducting income tax at the standard rate for the relevant year of assessment leaves the amount of the donation.

• (2) A body or institution shall not be designated by the Minister for the purposes of this section unless it shows to the satisfaction of the Minister that—

• (a) it is a body of persons or trust established for charitable purposes only,

• (b) it has been granted exemption from tax for the purposes of section 207 for a period of not less than 3 years before the date of the making of the application,

• (c) the person concerned in the management or control of the body or institution ensures that in respect of each financial year of the body or institution there is prepared and furnished to the Minister—

• (i) audited accounts comprising—

• (I) an income and expenditure account or a profit and loss account, as appropriate, for its most recent financial year, and

• (II) a balance sheet as at the last day of that financial year,

and

• (ii) a report as to the activities of the body or institution, having regard to its charitable purposes, and

• (d) it has as its sole object, relief and development in a country or countries where the country or countries concerned is or are for the time being on the List of Aid Recipients (Part 1: Aid to Developing Countries and Territories) produced by the Development Aid Committee of the Organisation for Economic Co-operation and Development.

• (3) The Minister shall—

• (a) maintain a list of the bodies and institutions designated for the purposes of this section, and

• (b) from time to time as the Minister sees fit cause such list to be published in Iris Oifigiúil.

• (4) Where the Minister is satisfied that a body or institution ceases to comply with subsection (2), the Minister shall, with the consent of the Minister for Finance—

• (a) withdraw the designation previously granted and such withdrawal shall apply from the beginning of the year of assessment in which notice in accordance with paragraph (b) is given, and

• (b) cause notice of such withdrawal to be published in Iris Oifigiúil within one month of such withdrawal.

• (5) For the purposes of this section, a donation to a designated charity shall be a qualifying donation if—

• (a) it is made by an individual (in this section referred to as “the donor”),

• (b) it satisfies the requirements of subsection (6), and

• (c) the donor—

• (i) has given an appropriate certificate in relation to the donation to the designated charity, and

• (ii) has paid the tax referred to in such appropriate certificate and is not entitled to claim a repayment of that tax or any part of that tax.

• (6) A donation shall satisfy the requirements of this subsection if—

• (a) it takes the form of the payment of a sum or sums of money,

• (b) it is not subject to a condition as to repayment,

• (c) neither the donor nor any person connected with the donor receives a benefit in consequence of making it,

• (d) it is not conditional on or associated with, or part of an arrangement involving, the acquisition of property by the designated charity, otherwise than by means of gift, from the donor or a person connected with the donor,

• (e) the sum or the aggregate of the sums paid in the relevant year of assessment to the designated charity is not less than £200,

• (f) the sum or the aggregate of the sums paid does not, when aggregated with any other qualifying donation or qualifying donations made by the donor in the relevant year of assessment, exceed £750, and

• (g) the donor is resident in the State for the relevant year of assessment.

• (7) Where a donation is a qualifying donation, the Tax Acts shall apply in relation to the designated charity as if—

• (a) the grossed up amount of the donation were an annual payment which was the income of the designated charity received by it under deduction of tax at the standard rate for the relevant year of assessment, and

• (b) the provisions of those Acts which apply in relation to a claim to repayment of tax applied in relation to any claim to repayment of such tax by a designated charity;

but, if the total amount of the tax referred to in paragraph (i) (II) of the definition of “appropriate certificate” is not paid, the amount of any repayment which would otherwise be made to a designated charity in accordance with this section shall not exceed the amount of tax actually paid by the donor.

MANAGEMENT PROVISIONS

PART 37 Administration

849 Taxes under care and management of Revenue Commissioners. [ITA67 s155; CGTA75 s51(1) and Sch4 pars 1(1) and (2); CTA76 s6(5); FA96 s132(1) and Sch5 PtI par10(1)]

849.—(1) In this section, “tax” means income tax, corporation tax and capital gains tax.

• (2) All duties of tax shall be under the care and management of the Revenue Commissioners.

• (3) The Revenue Commissioners may do all such acts as may be deemed necessary and expedient for raising, collecting, receiving and accounting for tax in the like and in as full and ample a manner as they are authorised to do in relation to any other duties under their care and management and, unless the Minister for Finance otherwise directs, shall appoint such officers and other persons for collecting, receiving, managing and accounting for any duties of tax as are not required to be appointed by some other authority.

• (4) All such appointments shall continue in force, notwithstanding the death, or the ceasing to hold office, of any Revenue Commissioner, and the holders shall have power to execute the duties of their respective offices and to enforce in the execution of those offices all laws and regulations relating to tax in every part of the State.

• (5) The Revenue Commissioners may suspend, reduce, discharge or restore, as they see fit, any such officer or person.

• (6) Any act or thing required or permitted by this or any other statute to be done by the Revenue Commissioners in relation to tax may be done by any one Revenue Commissioner.

850 Appeal Commissioners. [ITA67 s156; F(MP) A68 s1(1), s3(2) and Sch PtI]

850.—(1) The Minister for Finance shall appoint persons to be Appeal Commissioners for the purposes of the Income Tax Acts (in the Tax Acts and the Capital Gains Tax Acts referred to as “Appeal Commissioners”) and the persons so appointed shall, by virtue of their appointment and without other qualification, have authority to execute such powers and to perform such duties as are assigned to them by the Income Tax Acts.

• (2) Appeal Commissioners shall be allowed such sums in respect of salary and incidental expenses as the Minister for Finance directs.

• (3) The Minister for Finance shall cause an account of all appointments of Appeal Commissioners and their salaries to be laid before each House of the Oireachtas within 20 days of their appointment or, in the case of a House not then sitting, within 20 days after the next sitting of that House.

• (4) Anything required to be done under the Income Tax Acts by the Appeal Commissioners or any other Commissioners may, except where otherwise expressly provided by those Acts, be done by any 2 or more Commissioners.

851 Collector-General. [ITA67 s162; FA74 s86 and Sch2 PtI; CGTA75 s51(1) and Sch4 par1(3); CTA76 s145(1); FA87 s52; FA97 s157]

851.—(1) There shall be a Collector-General, who shall be appointed by the Revenue Commissioners from among their officers and who shall hold such office at their will and pleasure.

• (2) The Collector-General shall collect and levy the tax from time to time charged in all assessments to income tax, corporation tax and capital gains tax of which particulars have been transmitted to him or her under section 928.

• (3)
• (a) The Revenue Commissioners may nominate persons to exercise on behalf of the Collector-General any or all of the powers and functions conferred on the Collector-General by the Tax Acts and the Capital Gains Tax Acts.

• (b) Those powers and functions, as well as being exercisable by the Collector-General, shall also be exercisable on his or her behalf by persons nominated under this subsection.

• (c) A person shall not be nominated under this subsection unless he or she is an officer or employee of the Revenue Commissioners.

• (4) If and so long as the office of Collector-General is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his or her duties, a person nominated in that behalf by the Revenue Commissioners from among their officers shall act as the Collector-General, and any reference in this or any other Act to the Collector-General shall be construed as including, where appropriate, a reference to a person nominated under this subsection.

• (5) The Revenue Commissioners may revoke a nomination under this section.

852 Inspectors of taxes. [ITA67 s161; FA86 s116]

852.—(1) The Revenue Commissioners may appoint inspectors of taxes, and all such inspectors and all other officers or persons employed in the execution of the Income Tax Acts shall observe and follow the orders, instructions and directions of the Revenue Commissioners.

• (2) The Revenue Commissioners may revoke an appointment made under this section.

• (3) Inspectors of taxes appointed by the Minister for Finance before the 27th day of May, 1986, shall be deemed to have been appointed by the Revenue Commissioners.

853 Governor and directors of Bank of Ireland. [ITA67 s157; FA69 s12; FA76 s81(1) and Sch5 PtI]

853.—For the purpose of assessing and charging income tax in the cases mentioned in this section, the Governor and directors of the Bank of Ireland—

• (a) shall be Commissioners,

• (b) shall have all the necessary powers for that purpose, and

• (c) shall make assessments under and subject to the Income Tax Acts in respect of—

• (i) interest, annuities, dividends and shares of annuities, and the profits attached to the same, payable to the Bank of Ireland out of the public revenue of the State,

• (ii) interest, annuities, dividends and shares of annuities entrusted to the Bank of Ireland for payment,

• (iii) all other interest, annuities and dividends, and

• (iv) all other profits chargeable with tax arising within any office or department under the management or control of the Bank of Ireland.

854 Appointment of persons for purposes of assessment of certain public offices. [ITA67 s158]

854.—Where the Minister for Finance determines that, by reason of special circumstances existing in any particular public office, it is not expedient that the powers and duties of assessing and charging income tax in relation to that office or any one or more of such powers and duties should be exercised and performed in relation to that office by the inspector or other officer appointed in that behalf, the Revenue Commissioners shall appoint such officers or persons as may be approved of by the Minister for Finance to exercise such powers and duties in relation to that office.

855 Declaration to be made by Commissioners. [ITA67 s159]

855.—The respective Commissioners for executing the Income Tax Acts in relation to offices and employments of profit and pensions and stipends shall, as soon as practicable after their appointment, meet and make and subscribe the declaration contained in Part 2 of Schedule 27 and may respectively elect a clerk and assessors and, if the tax cannot be deducted at the department or office of the Commissioners or at the office for which they act, they may, from among the officers in their respective departments, appoint separate assessors and collectors for each such department.

856 Disqualification of Commissioners in cases of personal interest. [ITA67 s160; CTA76 s146(2)]

856.—(1) Every Commissioner acting in the execution of the Income Tax Acts shall be chargeable with tax in the same manner as any other person, but shall take no part in the proceedings, and shall not be present, when any assessment, statement or schedule is under consideration, or any controversy or appeal is being determined, with reference to any case in which he or she is interested, either in his or her own right or in the right of any other person as his or her agent, except during the hearing of an appeal for the purpose of being examined orally by the Commissioners, and he or she shall withdraw during the consideration and determination of the controversy or appeal.

• (2) A Commissioner who, in any case referred to in subsection (1), takes any part in the determination of any such controversy or appeal, or fails to withdraw, shall incur a penalty of £50.

• (3) For the purposes of corporation tax, where an Appeal Commissioner is interested in his or her own right or in the right of any other person in any matter under appeal, he or she shall not take part in, or be present at, the hearing or determination of the appeal.

857 Declarations on taking office. [ITA67 s163; F(MP) A68 s3(4) and Sch PtIII; CTA76 s147(5)]

857.—(1) Every person appointed to one of the offices named in Part 1 of Schedule 27 shall, before he or she commences to act in the execution of the Income Tax Acts in so far as those Acts relate to tax under Schedule D, make and subscribe the declaration contained in that Part in respect of his or her office.

• (2) The declaration may be made before a Peace Commissioner.

• (3) A person who acts in the execution of his or her office in relation to tax under Schedule D (otherwise than in respect of any such declaration made before him or her) before he or she has made the prescribed declaration shall forfeit the sum of £100.

• (4) All Commissioners and other persons employed for any purpose in connection with the assessment or collection of corporation tax shall be subject to the same obligations as to secrecy with respect to corporation tax as those persons are subject to with respect to income tax, and any declaration made by any such person as to secrecy with respect to income tax shall be deemed to extend also to secrecy with respect to corporation tax.

858 Evidence of authorisation. [FA97 s159]

858.—(1) In this section, except where the context otherwise requires—

“the Acts” means—

• (a) (i) the Customs Acts,

• (ii) the statutes relating to the duties of excise and to the management of those duties,

• (iii) the Tax Acts,

• (iv) the Capital Gains Tax Acts,

• (v) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act,

• (vi) the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act,

• (vii) the statutes relating to stamp duty and to the management of that duty,

and any instruments made thereunder or under any other enactment and relating to tax, and

• (b) the European Communities (Intrastat) Regulations, 1993 (S.I. No. 136 of 1993);

“authorised officer” means an officer of the Revenue Commissioners who is authorised, nominated or appointed under any provision of the Acts to exercise or perform any functions under any of the specified provisions, and “authorised” and “authorisation” shall be construed accordingly;

“functions” includes powers and duties;

“identity card”, in relation to an authorised officer, means a card which is issued to the officer by the Revenue Commissioners and which contains—

• (a) a statement to the effect that the officer—

• (i) is an officer of the Revenue Commissioners, and

• (ii) is an authorised officer for the purposes of the specified provisions,

• (b) a photograph and signature of the officer,

• (c) a hologram showing the logo of the Office of the Revenue Commissioners,

• (d) the facsimile signature of a Revenue Commissioner, and

• (e) particulars of the specified provisions under which the officer is authorised;

“specified provisions”, in relation to an authorised officer, means either or both the provisions of the Acts under which the authorised officer—

• (a) is authorised and which are specified on his or her identity card, and

• (b) exercises or performs functions under the Customs Acts or any statutes relating to the duties of excise and to the management of those duties;

“tax” means any tax, duty, levy or charge under the care and management of the Revenue Commissioners.

• (2) Where, in the exercise or performance of any functions under any of the specified provisions in relation to him or her, an authorised officer is requested to produce or show his or her authorisation for the purposes of that provision, the production by the authorised officer of his or her identity card—

• (a) shall be taken as evidence of authorisation under that provision, and

• (b) shall satisfy any obligation under that provision which requires the authorised officer to produce such authorisation on request.

• (3) This section shall come into operation on such day as the Minister for Finance may appoint by order.

859 Anonymity of authorised officers in relation to certain matters. [FA83 s19A; DCITPA96 s12; CABA96 s23]

859.—(1) In this section—

“authorised officer” means an officer of the Revenue Commissioners nominated by them to be a member of the staff of the body;

“the body” has the meaning assigned to it by section 58;

“proceedings” includes any hearing before the Appeal Commissioners (within the meaning of the Revenue Acts);

“the Revenue Acts” means—

• (a) the Customs Acts,

• (b) the statutes relating to the duties of excise and to the management of those duties,

• (c) the Tax Acts,

• (d) the Capital Gains Tax Acts,

• (e) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act,

• (f) the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act,

• (g) the statutes relating to stamp duty and the management of that duty,

• (h) Chapter IV of Part II of the Finance Act, 1992, and

• (i) Part VI of the Finance Act, 1983,

and any instruments made thereunder or under any other enactment and relating to tax;

“tax” means any tax, duty, levy or charge under the care and management of the Revenue Commissioners.

• (2) Notwithstanding any requirement made by or under any enactment or any other requirement in administrative and operational procedures, including internal procedures, all reasonable care shall be taken to ensure that the identity of an authorised officer shall not be revealed.

• (3) In particular and without prejudice to the generality of subsection (2):

• (a) where, for the purposes of exercising or performing his or her powers or duties under the Revenue Acts in pursuance of the functions of the body, an authorised officer may apart from this section be required to produce or show any written authority or warrant of appointment under those Acts or otherwise to identify himself or herself, the authorised officer shall—

• (i) not be required to produce or show any such authority or warrant of appointment or to so identify himself or herself, for the purposes of exercising or performing his or her powers or duties under those Acts, and

• (ii) be accompanied by a member of the Garda Síochána who shall, on request by a person affected, identify himself or herself as a member of the Garda Síochána and shall state that he or she is accompanied by an authorised officer;

• (b) where, in pursuance of the functions of the body, an authorised officer exercises or performs in writing any of his or her powers or duties under the Revenue Acts or any provision of any other enactment, whenever passed, which relates to Revenue, such exercise or performance of his or her powers or duties shall be done in the name of the body and not in the name of the individual authorised officer involved, notwithstanding any provision to the contrary in any of those enactments;

• (c) in any proceedings arising out of the exercise or performance, in pursuance of the functions of the body, of powers or duties by an authorised officer, any documents relating to such proceedings shall not reveal the identity of any authorised officer, notwithstanding any requirements to the contrary in any provision, and in any proceedings the identity of such officer other than as an authorised officer shall not be revealed other than to the judge or the Appeal Commissioner, as the case may be, hearing the case;

• (d) where, in pursuance of the functions of the body, an authorised officer is required, in any proceedings, to give evidence and the judge or the Appeal Commissioner, as the case may be, is satisfied that there are reasonable grounds in the public interest to direct that evidence to be given by such authorised officer should be given in the hearing and not in the sight of any person, he or she may so direct.

860 Administration of oaths. [ITA67 s164; F(MP) A68 s3(1) and (3) and Sch PtI; CTA76 s147(1) and (2)]

860.—(1) A Peace Commissioner may administer an oath to be taken before a Commissioner by any officer or person in any matter relating to the execution of the Tax Acts.

• (2) An Appeal Commissioner may administer an oath to be taken before the Appeal Commissioners under the Tax Acts by any officer or person in any matter relating to the execution of the Tax Acts.

861 Documents to be in accordance with form prescribed by Revenue Commissioners. [ITA67 s165; CGTA75 s51(1) and Sch4 par2; CTA76 s143(12) (b) and (c) and s147(1) and (2)]

861.—(1) Every assessment, charge, bond, warrant, notice of assessment or of demand, or other document required to be used in assessing, charging, collecting and levying income tax, corporation tax or capital gains tax shall be in accordance with the forms prescribed from time to time in that behalf by the Revenue Commissioners, and a document in the form prescribed and supplied or approved by them shall be valid and effectual.

• (2)
• (a) In this subsection, “return” includes any statement, declaration or list.

• (b) Any return under the Corporation Tax Acts shall be in such form as the Revenue Commissioners prescribe.

862 Exercise of powers, etc. of Minister for Finance under Tax Acts. [ITA67 s166(2); CTA76 s147(1) and (2)]

862.—Anything required under the Tax Acts to be done by the Minister for Finance may be signified under the hand of the Secretary General, a Deputy Secretary or an Assistant Secretary of the Department of Finance.

863 Loss, destruction or damage of assessments and other documents. [ITA67 s188(1); CGTA75 s51(1) and Sch4 par2; CTA76 s147(1) and (2)]

863.—(1) Subject to subsection (2), where any assessment to income tax or capital gains tax for any year, or any assessment to corporation tax for any accounting period or any return or other document relating to income tax, corporation tax or capital gains tax has been lost or destroyed, or has been so defaced or damaged as to be illegible or otherwise useless, the Revenue Commissioners, the Collector-General, inspectors and other officers respectively having powers in relation to income tax, corporation tax or capital gains tax may, notwithstanding anything to the contrary in any enactment, do all such acts and things as they might have done, and all acts and things done under or in accordance with this section shall be as valid and effectual for all purposes as they would have been if the assessment had not been made, or the return or other document had not been made or furnished, or required to be made or furnished.

• (2) Where any person who is charged with income tax, corporation tax or capital gains tax in consequence or by virtue of any act or thing done under or in accordance with this section proves to the satisfaction of the Revenue Commissioners that that person has already paid any income tax or capital gains tax for the same year, or corporation tax for the same accounting period, in respect of the subject matter and on the account in respect of and on which that person is so charged, relief shall be given to the extent to which the liability of that person has been discharged by the payments so made either by abatement from the charge or by repayment, as the case may require.

864 Making of claims, etc. [ITA67 s432(1) (part of); CGTA75 s51(1) and Sch4 par2; CTA76 s4 and s146(1); FA84 s6(a)]

864.—(1) Notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts—

• (a) all claims of exemption or for any allowance or deduction under those Acts,

• (b) all claims for repayment of income tax, corporation tax or capital gains tax under those Acts, and

• (c) (i) all claims to relief under those Acts where the relief is measured in the provision under which it is given, and

• (ii) all matters and questions relating to any relief so measured,

in relation to which a right of appeal from a decision is, otherwise than by section 949, not specifically provided,

shall be stated in such manner and form as the Revenue Commissioners may prescribe, and shall be made to and determined by the Revenue Commissioners or such officer of the Revenue Commissioners (including an inspector) as they may authorise in that behalf.

• (2) Effect shall be given—

• (a) to section 21(2) and to that section as modified by sections 24(2) and 25(3), and

• (b) in so far as the exemptions from income tax conferred by the Corporation Tax Acts call for repayment of tax, to those exemptions,

by means of a claim.

865 Limit of time for repayment claims. [ITA67 s498; F(MP) A68 s4(5) (a); CGTA75 s51(1) and Sch4 par2; CTA76 s147(1) and (2)]

865.—Except where otherwise expressly provided by any provision of the Tax Acts or the Capital Gains Tax Act, no claim for repayment of income tax, corporation tax or capital gains tax under those Acts shall be allowed unless it is made within 10 years after the end of the year of assessment or, as the case may be, accounting period to which it relates.

866 Rules as to delivery of statements. [ITA67 s533; FA69 s65(1) and Sch5 PtI]

866.—Any person who, on that person's own behalf or on behalf of another person or body of persons, delivers a statement of the amount of the profits on which any income tax is chargeable shall observe the rules and directions contained in Schedule 28 in so far as those rules and directions are respectively applicable.

867 Amendment of statutory forms. [ITA67 s189]

867.—It shall be lawful for the Revenue Commissioners from time to time to make such amendments of the forms of declarations, lists and statements contained in Schedules 27 and 28 as appear to them to be necessary to give effect to the Income Tax Acts.

868 Execution of warrants. [ITA67 s536; F(MP) A68 s3(4) and Sch PtIII, s3(5) and Sch PtIV; CTA76 s147(1) and (2)]

868.—(1) Warrants issued under the authority of the Tax Acts shall be executed by the respective persons to whom they are directed.

• (2) Members of the Garda Síochána shall aid in the execution of the Tax Acts.

869 Delivery, service and evidence of notices and forms. [ITA67 s542(2) and (4) to (7); F(MP) A68 s3(2) and Sch PtI; CGTA75 s51(1) and Sch4 par2; FA75 s25; CTA76 s147(1) and (2)]

869.—(1) (a) In this subsection, except where in paragraph (d) the context otherwise requires, “company” means any body corporate.

• (b) Any notice, form or other document which under the Tax Acts or the Capital Gains Tax Acts is to be given, served, sent or delivered to or on a person by the Revenue Commissioners or by an inspector or other officer of the Revenue Commissioners may be either delivered to the person or left—

• (i) in a case where the person is a company, at the company's registered office or place of business, or

• (ii) in any other case, at the person's usual or last known place of abode or place of business or, if the person is an individual, at his or her place of employment.

• (c) Any notice, form or other document referred to in paragraph (b) may be served by post addressed—

• (i) in a case where the person is a company, to the company at either of the places specified in paragraph (b) (i), or

• (ii) in any other case, to the person at any of the places specified in paragraph (b) (ii).

• (d) Without prejudice to paragraphs (b) and (c), section 379 of the Companies Act, 1963, shall apply in relation to the service on a company of any notice, form or other document referred to in this subsection as it applies in relation to the service of documents under that section on a company within the meaning of that Act.

• (2) Any notice which under the Tax Acts or the Capital Gains Tax Acts is authorised or required to be given by the Revenue Commissioners may be signed and given by any officer of the Revenue Commissioners authorised by them for the purpose of giving notices of the class to which the notice belongs and, where so signed and given, shall be as valid and effectual as if signed under the hands of the Revenue Commissioners and given by them.

• (3) Prima facie evidence of any notice given under the Tax Acts or the Capital Gains Tax Acts by the Revenue Commissioners or an inspector or other officer of the Revenue Commissioners may be given in any proceedings by the production of a document purporting to be a copy of the notice, and it shall not be necessary to prove the official positions or position of the persons or person by whom the notice purports to be given or, where it is signed, the signatures or signature or that the persons or person signing and giving it were or was authorised to do so.

• (4) Notices to be given or delivered to, or served on, the Appeal Commissioners shall be valid and effectual if given or delivered to or served on their Clerk.

• (5) This section shall apply notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts.

870 Effect of want of form, error, etc. on assessments, charges, warrants and other proceedings. [ITA67 s537; F(MP) A68 s3(2) and Sch PtI; CGTA75 s51(1) and Sch4 par2; CTA76 s147(1) and (2)]

870.—(1) An assessment, charge, warrant or other proceeding which purports to be made in accordance with the Income Tax Acts, the Corporation Tax Acts or the Capital Gains Tax Acts shall not be quashed, or deemed to be void or voidable, for want of form, or be affected by reason of a mistake, defect, or omission therein, if the same is in substance and effect in conformity with or according to the intent and meaning of those Acts, and if the person or property charged or intended to be charged or affected thereby is designated therein according to common intent and understanding.

• (2) For the purposes of the Tax Acts and the Capital Gains Tax Acts but subject to subsection (3), an assessment or a charge made on an assessment shall not be impeached or affected—

• (a) by reason of a mistake in the assessment or the charge made on the assessment as to—

• (i) the name or surname of a person liable,

• (ii) the description of any profits or property, or

• (iii) the amount of the tax charged;

• (b) by reason of any variance between the notice and the certificate of charge or assessment.

• (3) In cases of charge, the notice of charge shall be duly served on the person intended to be charged, and the notice and certificate shall respectively contain, in substance and effect, the particulars on which the charge is made, and every such charge shall be heard and determined on its merits by the Appeal Commissioners.

871 Power to combine certain returns and assessments. [CGTA75 s51(1) and Sch4 par16]

871.—Any return, assessment or other document relating to chargeable gains or capital gains tax may be combined with one relating to income or income tax.

872 Use of information relating to other taxes and duties. [FA28 s34(2); FA96 s130]

872.—(1) Any information acquired, whether before or after the passing of this Act, in connection with any tax or duty under the care and management of the Revenue Commissioners may be used by them for any purpose connected with any other tax or duty under their care and management.

• (2) The Revenue Commissioners or any of their officers may, for any purpose in connection with the assessment and collection of income tax, corporation tax or capital gains tax, make use of or produce in evidence any returns, correspondence, schedules, accounts, statements or other documents or information to which the Revenue Commissioners or any of their officers have or has had or may have lawful access for the purposes of the Acts relating to any tax, duty, levy or charge under the care and management of the Revenue Commissioners.

873 Proof that person is a Commissioner or officer. [ITA67 s541; CTA76 s147(1) and (2)]

873.—In any proceedings under or arising out of the Tax Acts before any court or person empowered to take evidence, prima facie proof of the fact that any person was a Commissioner or officer may be given by proving that, at the time when any matter in controversy in any such proceedings arose, that person was reputed to be or had acted as a Commissioner or officer.

874 Limitation of penalties on officers employed in execution of Tax Acts and Capital Gains Tax Acts. [ITA67 s519; CTA76 s147(1) and (2); CGTA75 s51(1) and Sch4 par3(2)]

874.—(1) A Commissioner, sheriff, county registrar, clerk, inspector, assessor or Collector-General who acts, or is employed, in the execution of the Tax Acts or the Capital Gains Tax Acts shall not be liable to any penalty in respect of such execution other than as provided by those Acts.

• (2) Where any civil or criminal proceeding against any officer or person employed in relation to any duty of income tax, corporation tax or capital gains tax on account of the seizure or detention of any goods is brought to trial, and a verdict or judgment is given against the defendant, then, if the court or judge certifies that there was probable cause for the seizure, the plaintiff shall not be entitled to any damages besides the goods seized, or the value of those goods, or to any costs, and the defendant shall not be liable to any punishment.

875 Exemption of appraisements and valuations from stamp duty. [ITA67 s538; CGTA75 s51(2) and Sch4 par2; CTA76 s147(1) and (2)]

875.—No appraisement or valuation given or made in pursuance and for the purposes of the Tax Acts or the Capital Gains Tax Acts shall be liable to any stamp duty.

PART 38 Returns of Income and Gains, Other Obligations and Returns, and Revenue Powers

CHAPTER 1 Income tax: returns of income

876 Notice of liability to income tax. [F(MP) A68 s5(1)]

876.—Every person who is chargeable to income tax for any year of assessment and who in relation to that year has not been given a notice under section 877 or 879 and has not made a return of such person's total income shall, not later than one year after the end of the year of assessment, give notice to the inspector of taxes that such person is so chargeable.

877 Returns by persons chargeable. [ITA67 s169; F(MP) A68 s6(2) and (3); FA69 s65(1) and Sch5 PtI; CTA76 s140(1) and Sch2 PtI par4; FA76 s11(5)]

877.—(1) Every person chargeable under the Income Tax Acts, when required to do so by a notice given to such person by an inspector, shall, within the time limited by such notice, prepare and deliver to the inspector a statement in writing as required by the Income Tax Acts, signed by such person, containing the amount of the profits or gains arising to such person, from each and every source chargeable according to the respective schedules, estimated for the period specified in the notice and according to the Income Tax Acts.

• (2) Where a person's income of which particulars are required to be included in a statement under this section comprises a distribution chargeable under Schedule F, there shall be shown separately in the statement the amount or value of the distribution and the amount of any tax credit under section 136 to which the person is entitled in respect of that distribution.

• (3) There shall be added to the statement referred to in subsection (1) a declaration that the amounts contained in that statement are estimated in respect of all the sources of income mentioned in the Income Tax Acts, describing those sources, after deducting only such sums as are allowed.

• (4) Every such statement shall be made exclusive of any interest of money or other annual payment arising out of the property of any other person charged in respect of that interest of money or other annual payment.

• (5)
• (a) Every person to whom a notice has been given by an inspector requiring such person to deliver a statement of any profits, gains or income in respect of which such person is chargeable under Schedule D or E shall deliver a statement in the form required by the notice, whether or not such person is so chargeable.

• (b) The penalty imposed on any person proceeded against for not complying with this subsection who proves that such person was not chargeable to income tax shall not exceed £5 for any one offence.